Gustavo Ortiz, etc. v. Performance Transportation, LLC, et al.
In this per curiam citation opinion, the Third DCA affirmed a Miami-Dade County Circuit Court ruling on a motion for new trial, applying the abuse of discretion standard. The court cited long-standing Florida Supreme Court and Third DCA precedent establishing that trial courts have broad discretion over new trial motions and that appellate courts will not disturb such rulings absent a clear abuse.
Key facts
- Gustavo Ortiz appealed a post-trial ruling from the Circuit Court for Miami-Dade County (Judge Migna Sanchez-Llorens), lower tribunal no. 22-3475-CA 01.
- Following an adverse outcome at trial, appellant moved for a new trial; the trial court denied the motion and Ortiz appealed.
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Holdings
- A motion for new trial is addressed to the sound judicial discretion of the trial court, and the appellate court will not disturb that ruling unless it clearly appears that the trial court…
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